Building permit for a multi-apartment building

The procedure in six steps

1. Conceptual design

   The concept of the building — the number and structure of dwellings, parking spaces, the position on the plot. It is coordinated with the spatial plan and with you until you arrive at a solution that suits the project. This is the foundation on which everything else rests.

2. Obtaining special conditions and connection conditions

   The designer prepares a description and representation of the structure, which serve as the basis for determining the conditions. For multi-apartment buildings the following are determined: connection conditions, special fire-protection conditions, special conditions for the protection of cultural heritage if the building is protected or located within a protected area, and exceptionally the conditions of other public-law bodies if the construction affects existing or planned infrastructure Art. 47 para. 4.

   Public-law bodies determine the conditions within 30 days Art. 48. Currently the designer cannot request these conditions directly — the request goes through the administrative authority, as eDozvola is not yet enabled for the direct route Art. 134.

3. Main design, studies and review

   The main design is prepared by licensed designers of all required disciplines (architecture, structure, installations…), and the lead designer is responsible for their mutual coordination Art. 20. It is preceded by studies where prescribed or necessary — e.g. geotechnical, fire-protection or traffic studies Art. 35 para. 1.

   An integral part of the first volume of the main design is the presentation of all applied fire-protection measures Art. 38. Where a review is prescribed, the design is reviewed by a design reviewer with regard to mechanical resistance and stability, who draws up a report on the review Art. 44.

4. Building permit application

   The application is submitted electronically Art. 61. The following is attached to the application for a multi-apartment building Art. 63:

   • the main design
   • studies, where prescribed or necessary
   • the energy performance certificate of the building
   • the certificate of the building’s acoustic properties
   • the report on the review of the main design, where a review is prescribed
   • the nostrification report, if the design was prepared under foreign regulations
   • proof of legal interest (e.g. ownership or the right to build)
   • proof of transfer of part of the land to the local self-government unit, if such an obligation exists
   • a list of dwelling units with housing-quality data
5. The procedure and issuing of the permit

   The administrative authority obtains ex officio the confirmations of public-law bodies that the main design complies with the special conditions — the public-law body issues the confirmation within 15 days Art. 66 — and invites the parties to inspect the case file Art. 68 para. 4.

   The permit is issued once it is established that all documents have been attached, all conditions determined, all confirmations issued, that the main design complies with the spatial plan and that the regulations on accessibility for persons with disabilities and reduced mobility have been applied Art. 73 para. 2.

6. Detailed design, notification of commencement and construction

   Before construction, the detailed design is prepared — for multi-apartment buildings it is mandatory Art. 39 para. 3 and must not be drawn up contrary to the main design.

   The start of construction is notified electronically at the latest 5 days before it begins Art. 89. Construction follows under professional supervision, and upon completion the technical inspection and the occupancy permit — a procedure we describe in a separate guide.

Validity of the permit and deadline for completion

Once it becomes final, the permit ceases to be valid if construction is not commenced within 6 years of finality; you are deemed to have commenced construction on the day of notifying the start of construction Art. 79.

A multi-apartment building must be completed within 7 years — in terms of its external appearance and the landscaping of the plot — counting from the day of notifying the start of construction Art. 80 para. 1. The deadline does not apply to buildings that are individually protected cultural heritage.

Confirmations and parties to the procedure

The two points where the procedure for a multi-apartment building differs most from the one for a house:

Confirmations on the main design are requested by the administrative authority

In the permit procedure the administrative authority requests ex officio the confirmations of public-law bodies that the main design complies with the special conditions and special regulations; the confirmation is issued within 15 days Art. 66. The special conditions and connection conditions themselves are determined earlier, before the application is submitted Art. 47 para. 4 — whereby, as noted, the designer currently cannot request them directly, the request going through the administrative authority.

The circle of parties is wider than for a house

The parties to the procedure are, besides the investor and the holders of real rights on the property itself, the owners and holders of other real rights on all immediately neighbouring properties — without the h/2 limit that applies to less complex buildings Art. 68 para. 2.

If there are 10 or fewer parties, the invitation to inspect the case file is delivered in person; if there are more, a public invitation is published on the electronic notice board, at least 10 days before the day set for the inspection Art. 70 para. 2. A party may submit a written statement on the intended construction within a deadline of up to 8 days Art. 71.

A permit without the apartments’ finishing details

At the investor’s request, the permit for a building of exclusively residential, business or mixed residential-business use may also be issued without the part of the main design covering the finishing of floor, wall and ceiling surfaces, non-load-bearing partition walls and the installation runs of individual apartments or business premises Art. 75 para. 1.

For such a building the occupancy permit may be issued once it is built to a defined degree of completion, and the individual units are finished later on the basis of the main design Art. 75 paras. 2–3. This gives investors the flexibility to adapt the interior fit-out of the apartments to the buyers.

Statutory deadlines in the procedure

The most important deadlines prescribed by the Act:

The overall duration depends on the complexity of the building, the number of public-law bodies involved and the number of parties to the procedure.